The European Constitution: current state of negotiations following the Brussels European Council, December 2003

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Series Details 22.12.03
Publication Date 22/12/2003
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The European Union's new Constitutional Treaty was to have been adopted by leaders during the weekend of 13 December at a meeting of the European Council. Although there was reportedly agreement on many points, the meeting broke up without a new Treaty being agreed, after Spain and Poland refused to concede on the contentious issue of voting rights. The failure to agree a text leaves the Union facing its imminent enlargement without the promised Constitution which, amongst other things, was to have prepared the EU institutions for the impact of 10 new Member States in May 2004.

Background

The December 2001 Laeken European Council established the Convention on the Future of Europe, intended to 'pave the way' for the 2004 Intergovernmental Conference. Chaired by former French President Giscard d'Estaing, the Convention's task was to identify key issues concerning the Union's future development and possible responses to them. Meeting between February 2002 and July 2003, its deliberations were presented to the Thessaloniki European Council on 20 June 2003 in the form of a Draft Treaty establishing a Constitution for Europe. The Council invited the Italian Presidency to establish an Intergovernmental Conference (IGC) to discuss the text (a fuller version of which was submitted to the Italian EU Presidency on 18 July). The IGC started work on 4 October, with the aim of getting agreement on a Constitution at the European Council in Brussels on 12-13 December.

The path to adopting the Constitution appeared to have been smoothed by a meeting of EU Foreign Ministers in Naples at the end of November. Despite the Italian Presidency springing a surprise proposal ('that decisions on proposals from the new EU foreign minister should be decided by qualified majority - BBC, EU wobbles over constitution), negotiations apparently allowed Ministers to reach 'broad “political agreement” on the agenda to be presented to the [Brussels Summit], but not on the overall package of decisions' (European Voice, Burning issues still to be resolved as Europe awaits 'white smoke' over treaty). That apparent success was in part due to the willingness of the Italian Presidency to 'water down the original draft treaty' to meet the concerns of 'many' Member States (Financial Times, Angry gods fail to smite EU treaty talks). It seems, however, that really contentious issues were not addressed (European Voice, Burning issues ...), which perhaps gave a false sense of optimism prior to the Summit.

That said, the possibility of failure was clearly in the minds of some leaders. Germany's Foreign Minister, Joschka Fischer, told European Voice that 'failure by member states to seal an agreement on the EU constitution will spell the end of a united Europe' (Fischer warns IGC of a 'fractured Europe').

Speaking to the European Parliament, Valéry Giscard d'Estaing, warned that the Treaty must be the right one: 'bad constitutions, those which are felt to be unjust or ineffective by citizens, lead to revolution or rebellion. In this particular case, I don't think that any barricades would be raised, but I do think we would see the gradual falling apart of the European Union' (Financial Times, Inadequate constitution 'could spark EU demise'). That view was echoed by both the British and Italian Prime Ministers, with the former observing 'It's important ... to get the right agreement, not simply any agreement' (BBC News Online, EU deal 'difficult', says Blair and Berlusconi warns against bad deal).

In the end there was no agreement. The Summit reportedly collapsed because of the insistence of Spain and Poland that they should retain the number of votes in the Council of the European Union ('the Council of Ministers') that they were allocated in the Treaty of Nice (p 82). That Treaty gave Spain and Poland 27 votes, just two short of the 29 allocated to France, Germany, Italy and the United Kingdom (other countries have far fewer votes, ranging from 13 for The Netherlands to 3 for Malta).

The weighting system agreed at Nice is based on population size and - although the agreement was clearly acceptable at the time - there is now concern that the near-equality in voting power for countries with populations as different in size as those of France and Germany (which between them account for about one third of the Union's population) and Spain and Poland (each with about 40 million people) is 'unfair'. However, having been given their votes, Spain and Poland have no intention of relinquishing them. At the Brussels Summit, the two countries were reportedly offered four other options by Mr Berlusconi, but refused them (BBC News Online, EU constitution 'will be agreed').

Commenting on the failure, Commission President Romano Prodi said in a statement: 'Today it was not possible to reach an agreement. Any deal would have been below expectations and no one wanted that. Now we need to stop and think carefully and put our ideas in order.'

Mr Prodi's lack of anger at the collapse of the talks (he was even careful not to apportion blame for the failure) was shared by some other leaders, including Tony Blair ('there's no crisis'). But, reported the BBC 'Others, like Jacques Chirac and Gerhard Schroeder, say the failure to agree on the EU's first constitution will propel them towards a “two-speed Europe”, with “pioneer groups” forging a closer union, leaving doubters to doubt' (BBC News Online, Analysis: Legacy of summit failure).

Certainly there will be no immediate attempt to salvage the Constitution. Ireland's Foreign Minister, Brian Cowen, said the Union is not facing an 'insuperable crisis', and the incoming Irish Presidency will 'hold consultations before reporting back to EU leaders at the next scheduled summit in March' (BBC News Online, Ireland sets EU presidency goals). It seems unlikely, however, that any Constitutional Treaty will now be adopted until at least the latter half of 2004 (under the Dutch Presidency).

In the view of John Palmer, Political Director of the European Policy Centre, 'much will depend on whether attitudes in Poland and Spain evolve over the next few months which will see an election and a new prime minister in Madrid, following Mr Aznar's retirement, and possible changes in the Polish political leadership.' (After the failure of the Constitutional Treaty negotiations - New directions for European integration?).

Further information within European Sources Online

European Sources Online: In Focus

11.12.00: European Council, Nice, 7-11 December 2000
03.03.01: Treaty of Nice signed 26 February 2001. What next for the European Union?, February 2001
16.12.01: European Council, Laeken, 14-15 December 2001
01.03.02: The Convention on the Future of Europe, March 2002
29.10.02: Convention on the Future of Europe: Draft 'EU Constitution' unveiled, October 2002
09.12.02: 'Peace, Freedom, Solidarity': the Commission's second Communication to the European Convention, December 2002
03.02.03: The Treaty of Nice comes into force, February 2003
07.02.03: Convention on the Future of Europe: Draft of Articles 1 to 16 of 'EU Constitution' unveiled, February 2003
24.04.03: Convention on the Future of Europe: Giscard d'Estaing outlines proposals on future EU institutional architecture, April 2003
02.06.03: European Convention's Praesidium maps out the future of the European Union, June 2003
18.06.03: European citizens in favour of EU Constitution, June 2003

European Sources Online: European Voice

04.12.03: Fischer warns IGC of a 'fractured Europe'
04.12.03: Burning issues still to be resolved as Europe awaits 'white smoke' over treaty

European Sources Online: Financial Times

01.12.03: Angry gods fail to smite EU treaty talks
04.12.03: Spain and Poland urged not to split EU
04.12.03: EU treaty deal rests heavily on Berlusconi's powers of persuasion
06.12.03: Inadequate constitution 'could spark EU demise'
08.12.03: Britain must be prepared to reject EU constitution, says Labour MP
08.12.03: Power-sharing row could scupper new union
09.12.03: France and Germany close ranks on planned structure

Further information can be seen in these external links:
(long-term access cannot be guaranteed)

EU Institutions

Italian Presidency of the EU

Homepage
Intergovernmental Conference - IGC

European Commission

DG Press and Communication

Brussels European Council 12-13 December

Press releases

13.12.03: President Prodi statement at the IGC final press conference [IP/03/1728]

Speeches

16.12.03: Romano Prodi: Europe with passion and conviction [SPEECH/03/610]
The Future of the European Union - debate
Draft Treaty establishing a Constitution for Europe
History of the Draft Constitution

European Parliament

Homepage
The European Parliament and the draft European Constitution
16.12.03: Daily Notebook: IGC - need to move on - not a time for recriminations

Think Tanks

European Policy Centre

Homepage
After the failure of the Constitutional Treaty negotiations - New directions for European integration?

Media organisations

BBC News Online

18.12.03: Ireland sets EU presidency goals
17.12.03: European press review
15.12.03: Analysis: Legacy of summit failure
15.12.03: Europe press mulls summit failure
14.12.03: UK regret over EU summit failure
14.12.03: EU constitution 'will be agreed'
13.12.03: European summit ends in failure
13.12.03: In quotes: EU summit reaction
13.12.03: Q&A: Constitution on hold
13.12.03: Reporter's diary: EU summit
13.12.03: Papers foresee EU fiasco
12.12.03: Berlusconi warns against bad deal
12.12.03: EU deal 'difficult', says Blair
12.12.03: European press review
10.12.03: 'Secret plan' to end EU deadlock
08.12.03: EU constitution deal 'desirable'
07.12.03: EU constitution summit 'may fail'
27.11.03: EU wobbles over constitution

Eric Davies
Researcher
Compiled: 22 December 2003

Background and reporting on the week's main stories in the European Union and the wider Europe.

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